Application for accident benefits dismissed due to failure to prove complete inability and non-attendance at insurer examinations.
The applicant sought non-earner benefits, attendant care benefits, and the cost of a chronic pain assessment following a motor vehicle accident.
The adjudicator found the applicant was barred from pursuing the chronic pain assessment due to her failure to attend section 44 insurer examinations without a valid reason.
The claims for non-earner and attendant care benefits were dismissed because the applicant failed to establish a complete inability to carry on a normal life or that the attendant care expenses were incurred, with the adjudicator preferring the respondent's medical evidence and noting inconsistencies in the applicant's self-reporting and treating physician's records.
OLATOntario Licence Appeal TribunalApr 25, 2018
